SEC Filings

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3. ALL NECESSARY WAIVERS AND PREEMPTIONS DEEMED GRANTED.
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a. In addition to the specific waivers of the Commission's rules
identified in the Contract, the Commission order adopting this Contract shall
affirmatively state that any and all waivers of the Commission's rules, and any
and all modifications to Commission forms, necessary to effectuate the terms of
this Contract are deemed to be granted thereby. The Commission finds that the
concurrent exercise of non-federal regulatory authority over the subject matter
of this Contract is an impermissible interference with the FCC's regulatory
authority and with its ability to accomplish its objectives in entering into
this Contract. Accordingly, the Commission hereby expressly preempts any state
or local law, regulation, ordinance or franchise that is inconsistent or
conflicts with this Contract. The Commission will not assert in any proceeding
that TWC's compliance with the terms of the Contract violates any Commission
rule or order and, in any proceeding before the Commission brought by a third
party, a showing by TWC that it has complied with the terms of the Contract
shall constitute a defense to any claim that TWC's actions in meeting the terms
of the Contract constitute a violation of any applicable Commission rule or
order.
b. CPST rate increases referenced in Section III.F.4. of this
Contract will not be subject to prior FCC approval pursuant to Section 76.960 of
the FCC rules or otherwise, even if an adverse decision has been issued by the
FCC as to any TWC CPST rate in the year prior to the Publication Date.
Subscribers to TWC systems which increase their CPST rates still have the right
to file complaints with the FCC to the extent permitted under applicable FCC
rules.